[112th Congress Public Law 186]
[From the U.S. Government Printing Office]
[[Page 126 STAT. 1427]]
Public Law 112-186
112th Congress
An Act
To amend title 18, United States Code, to prohibit theft of medical
products, and for other purposes. <<NOTE: Oct. 5, 2012 - [H.R. 4223]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Strengthening
and Focusing Enforcement to Deter Organized Stealing and Enhance Safety
Act of 2012. 18 USC 1 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening and Focusing
Enforcement to Deter Organized Stealing and Enhance Safety Act of 2012''
or the ``SAFE DOSES Act''.
SEC. 2. THEFT OF MEDICAL PRODUCTS.
(a) Prohibited Conduct and Penalties.--Chapter 31 of title 18,
United States Code, is amended by adding at the end the following:
``Sec. 670. <<NOTE: 18 USC 670.>> Theft of medical products
``(a) Prohibited Conduct.--Whoever, in, or using any means or
facility of, interstate or foreign commerce--
``(1) embezzles, steals, or by fraud or deception obtains,
or knowingly and unlawfully takes, carries away, or conceals a
pre-retail medical product;
``(2) knowingly and falsely makes, alters, forges, or
counterfeits the labeling or documentation (including
documentation relating to origination or shipping) of a pre-
retail medical product;
``(3) knowingly possesses, transports, or traffics in a pre-
retail medical product that was involved in a violation of
paragraph (1) or (2);
``(4) with intent to defraud, buys, or otherwise obtains, a
pre-retail medical product that has expired or been stolen;
``(5) with intent to defraud, sells, or distributes, a pre-
retail medical product that is expired or stolen; or
``(6) attempts or conspires to violate any of paragraphs (1)
through (5);
shall be punished as provided in subsection (c) and subject to the other
sanctions provided in this section.
``(b) Aggravated Offenses.--An offense under this section is an
aggravated offense if--
``(1) the defendant is employed by, or is an agent of, an
organization in the supply chain for the pre-retail medical
product; or
``(2) the violation--
``(A) involves the use of violence, force, or a
threat of violence or force;
[[Page 126 STAT. 1428]]
``(B) involves the use of a deadly weapon;
``(C) results in serious bodily injury or death,
including serious bodily injury or death resulting from
the use of the medical product involved; or
``(D) is subsequent to a prior conviction for an
offense under this section.
``(c) Criminal Penalties.--Whoever violates subsection (a)--
``(1) if the offense is an aggravated offense under
subsection (b)(2)(C), shall be fined under this title or
imprisoned not more than 30 years, or both;
``(2) if the value of the medical products involved in the
offense is $5,000 or greater, shall be fined under this title,
imprisoned for not more than 15 years, or both, but if the
offense is an aggravated offense other than one under subsection
(b)(2)(C), the maximum term of imprisonment is 20 years; and
``(3) in any other case, shall be fined under this title,
imprisoned for not more than 3 years, or both, but if the
offense is an aggravated offense other than one under subsection
(b)(2)(C), the maximum term of imprisonment is 5 years.
``(d) Civil Penalties.--Whoever violates subsection (a) is subject
to a civil penalty in an amount not more than the greater of--
``(1) three times the economic loss attributable to the
violation; or
``(2) $1,000,000.
``(e) Definitions.--In this section--
``(1) the term `pre-retail medical product' means a medical
product that has not yet been made available for retail purchase
by a consumer;
``(2) the term `medical product' means a drug, biological
product, device, medical food, or infant formula;
``(3) the terms `device', `drug', `infant formula', and
`labeling' have, respectively, the meanings given those terms in
section 201 of the Federal Food, Drug, and Cosmetic Act;
``(4) the term `biological product' has the meaning given
the term in section 351 of the Public Health Service Act;
``(5) the term `medical food' has the meaning given the term
in section 5(b) of the Orphan Drug Act; and
``(6) the term `supply chain' includes manufacturer,
wholesaler, repacker, own-labeled distributor, private-label
distributor, jobber, broker, drug trader, transportation
company, hospital, pharmacy, or security company.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 31 of title 18, United States Code, is amended by adding after
the item relating to section 669 the following:
``670. Theft of medical products.''.
SEC. 3. CIVIL FORFEITURE.
Section 981(a)(1)(C) of title 18, United States Code, is amended by
inserting ``670,'' after ``657,''.
SEC. 4. PENALTIES FOR THEFT-RELATED OFFENSES.
(a) Interstate or Foreign Shipments by Carrier.--Section 659 of
title 18, United States Code, is amended by adding at the end of the
fifth undesignated paragraph the following: ``If the offense involves a
pre-retail medical product (as defined in section
[[Page 126 STAT. 1429]]
670), it shall be punished under section 670 unless the penalties
provided for under this section are greater.''.
(b) Racketeering.--
(1) Travel act violations.--Section 1952 of title 18, United
States Code, is amended by adding at the end the following:
``(d) If the offense under this section involves an act described in
paragraph (1) or (3) of subsection (a) and also involves a pre-retail
medical product (as defined in section 670), the punishment for the
offense shall be the same as the punishment for an offense under section
670 unless the punishment under subsection (a) is greater.''.
(2) Money laundering.--Section 1957(b)(1) of title 18,
United States Code, is amended by adding at the end the
following: ``If the offense involves a pre-retail medical
product (as defined in section 670) the punishment for the
offense shall be the same as the punishment for an offense under
section 670 unless the punishment under this subsection is
greater.''.
(c) Breaking or Entering Carrier Facilities.--Section 2117 of title
18, United States Code, is amended by adding at the end of the first
undesignated paragraph the following: ``If the offense involves a pre-
retail medical product (as defined in section 670) the punishment for
the offense shall be the same as the punishment for an offense under
section 670 unless the punishment under this section is greater.''.
(d) Stolen Property.--
(1) Transportation of stolen goods and related offenses.--
Section 2314 of title 18, United States Code, is amended by
adding at the end of the sixth undesignated paragraph the
following: ``If the offense involves a pre-retail medical
product (as defined in section 670) the punishment for the
offense shall be the same as the punishment for an offense under
section 670 unless the punishment under this section is
greater.''.
(2) Sale or receipt of stolen goods and related offenses.--
Section 2315 of title 18, United States Code, is amended by
adding at the end of the fourth undesignated paragraph the
following: ``If the offense involves a pre-retail medical
product (as defined in section 670) the punishment for the
offense shall be the same as the punishment for an offense under
section 670 unless the punishment under this section is
greater.''.
(e) <<NOTE: 18 USC 670 note.>> Priority Given to Certain
Investigations and Prosecutions.--The Attorney General shall give
increased priority to efforts to investigate and prosecute offenses
under section 670 of title 18, United States Code, that involve pre-
retail medical products.
SEC. 5. AMENDMENT TO EXTEND WIRETAPPING AUTHORITY TO NEW OFFENSE.
Section 2516(1) of title 18, United States Code, is amended--
(1) by redesignating paragraph (s) as paragraph (t);
(2) by striking ``or'' at the end of paragraph (r); and
(3) by inserting after paragraph (r) the following:
``(s) any violation of section 670 (relating to theft of
medical products); or''.
[[Page 126 STAT. 1430]]
SEC. 6. REQUIRED RESTITUTION.
Section 3663A(c)(1)(A) of title 18, United States Code, is amended--
(1) in clause (ii), by striking ``or'' at the end;
(2) in clause (iii), by striking ``and'' at the end and
inserting ``or''; and
(3) by adding at the end the following:
``(iv) an offense under section 670 (relating to
theft of medical products); and''.
SEC. 7. <<NOTE: 28 USC 994 note.>> DIRECTIVE TO UNITED STATES
SENTENCING COMMISSION.
(a) <<NOTE: Review.>> In General.--Pursuant to its authority under
section 994 of title 28, United States Code, and in accordance with this
section, the United States Sentencing Commission shall review and, if
appropriate, amend the Federal sentencing guidelines and policy
statements applicable to persons convicted of offenses under section 670
of title 18, United States Code, as added by this Act, section 2118 of
title 18, United States Code, or any another section of title 18, United
States Code, amended by this Act, to reflect the intent of Congress that
penalties for such offenses be sufficient to deter and punish such
offenses, and appropriately account for the actual harm to the public
from these offenses.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) consider the extent to which the Federal sentencing
guidelines and policy statements appropriately reflect--
(A) the serious nature of such offenses;
(B) the incidence of such offenses; and
(C) the need for an effective deterrent and
appropriate punishment to prevent such offenses;
(2) consider establishing a minimum offense level under the
Federal sentencing guidelines and policy statements for offenses
covered by this Act;
(3) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(4) ensure reasonable consistency with other relevant
directives, Federal sentencing guidelines and policy statements;
(5) make any necessary conforming changes to the Federal
sentencing guidelines and policy statements; and
[[Page 126 STAT. 1431]]
(6) ensure that the Federal sentencing guidelines and policy
statements adequately meet the purposes of sentencing set forth
in section 3553(a)(2) of title 18, United States Code.
Approved October 5, 2012.
LEGISLATIVE HISTORY--H.R. 4223:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 112-549 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 158 (2012):
June 26, considered and passed House.
Sept. 21, considered and passed Senate.
<all>